Argumentation & Critical Thinking Maciej Pichlak Department of Legal Theory and Philosophy of Law University of Wroclaw maciej.pichlak@uwr.edu.pl

Organizational remarks Contact data and office hours https://prawo.uni.wroc.pl/user/12147 Lectures: General argumentation. Final test Classes: Legal argumentation. Case analysis Basic reading: Good Reasoning Matters! A Constructive Approach to Critical Thinking, Groarke L. A., Tindale C. W., Oxford University Press. Oxford

Critical thinking may be critical… „The court finds as unreliable the declaration of the accused that he has bought a car radio found in his flat. The professional experience of the court allows for a conclusion that a theft does not buy such a thing as a car radio, and even for a lower price, for he can steal it for free.”

The Constitution of Poland clearly states judges to be independent and subject only to the statutes and Constitution itself, so a claim that judicial decisions are usually affected by their political opinions must be found unjustified and in fact absurd.

A practice of argumentation To argue: to dispute to offer reasons (arguments) A pragmatic goal of argumentation and its rationality. „Things that are true and things that are better are, by their nature, practically always easier to prove and easier to believe in”. Aristotle, Rhetoric

The concept of argument Argument: a basic component of argumentation A sense of argument by Monty Python: http://www.youtube.com/watch?v=YUIA40uLlKw „An argument is a connected series of statements to establish a definite proposition”. Premises and conclusion It’s raining  [so] streets are wet.

How to recognize an argument when you see it Jimmy went into a shop, pushing Janice away. Then he went directly to a shelf with beer. Since Jimmy was really in hurry, he probably was very thirsty. Eventually, for Jimmy beer was more important than Janice. Apparently, you can hardly meet a real gentleman these days. If Jimmy doesn’t change his attitude, his relationship with Janice is in serious danger. Unless: Jimmy’s relationship with Janice is in serious danger, unless he changes his attitude.

Structure of an argument Since every man is mortal, and Socrates – believe me or not – is a man, therefore Socrates is mortal. [P1] Every man is mortal. [P2] Socrates is a man. [C] Socrates is mortal. P1 + P2 C

Linked or convergent premises? [P1] Although the living room window is open, there are no footprints outside, despite the softness of the ground after yesterday's rain. [P2] The clasp on the box was not broken but opened with a key that had been hidden behind the clock. [P3] No one heard the dog barking, so the dog did not bark. [C] The crime was committed by someone in the house. P3a P3b P1 P2 P3 P1a + P1b +P1c C

Enthymemes It’s Tuesday today. So tomorrow will be Wednesday. There is Wednesday a day after Tuesday. Therefore, tomorrow will be Wednesday. The bigger the burger the better the burger. Burgers are bigger at Burger King.

P. The room was sealed from the inside. C. No one could have left it. P. No one could have left the room. C. The murderer was never in the room.

Strong vs. Weak arguments Strong argument is the one with: acceptable premises; conclusion following from premises on the ground of accepted principle of inference. P.I. P C

P1. What’s going on in our country right now is a disgrace. P2 P1. What’s going on in our country right now is a disgrace. P2. WikiLeaks released new Clinton campaign e-mails revealing how friendly Hillary was with the attorney general, Loretta Lynch. ____________________________________________________ C. For what Hillary Clinton has done, they should lock her up.

P1. Foetus forms a part of woman’s body. P2 P1. Foetus forms a part of woman’s body. P2. Everybody has a right to decide about her own body. ______________________________________________ C. Abortion should be legal.

Two basic types of arguments Deductive: Every woman is a human being. Every human being is mortal Every woman is mortal. Non-deductive: A woman is like a violin. She reveals her beauty only when treated with a tenderness. S a P P a R S a R

Formal vs. Informal logic Universally valid logical laws Argument: valid or invalid Validity depends on form Artificial language Systems of logic are competitive Arguments with limited plausibility Argument: more or less plausible (reliable) Plausibility depends on form, content and context Natural language Systems of logic are complementary